1. APPLICANTS NAME:
a. Application Date: 25 June 2014
b. Date Received: 30 June 2014
c. Counsel: None
2. REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general, under honorable conditions discharge to honorable and a change to the narrative reason for separation. The applicant states, in effect, he was diagnosed with Post Traumatic Stress Disorder (PTSD), anxiety and paranoia as a result of his deployment. He desires to receive VA benefits to further his education. In a records review conducted at Arlington, Virginia, on 11 September 2015, and by a 5-0 vote, the Board denied the request finding the separation was both proper and equitable.
(Board member names available upon request.)
3. DISCHARGE DETAILS:
a. Reason/Authority/Codes/Characterization: Pattern of Misconduct/AR 635-200, Paragraph 14-12b/JKA/RE-3/General, Under Honorable Conditions.
b. Date of Discharge: 31 August 2013
c. Separation Facts:
(1) Date of Notification of Intent to Separate: 29 May 2013
(2) Basis for Separation: The applicant was informed of the following reasons:
12 April 2013, wrongfully purchasing alcohol for two PV2s, both were under the age of twenty-one,
12 April 2013, he disobeyed an order from SGT E., by driving his privately owned vehicle (POV), after being told not to because of a failed POV inspection,
3 April 2013, he failed to report for road guard detail,
9 March 2013, made a false official statement to an Air Force Security Forces Officer by stating the vehicle he was in did not strike any other vehicles,
27 February 2013, he was derelict in the performance of his duties, by failing to maintain accountability of his body armor, and
29 January 2013, disobeying a lawful order from SGT K., to draw his weapon from the arms room and clean it.
(3) Recommended Characterization: General, Under Honorable Conditions Discharge
(4) Legal Consultation Date: 14 June 2013
(5) Administrative Separation Board: None
(6) Separation Decision Date/Characterization: 28 June 2013
4. SERVICE DETAILS:
a. Date/Period of Enlistment: 11 January 2010/3 years and 19 weeks
b. Age at Enlistment/Education/GT Score: 19 years/HS Graduate/91
c. Highest Grade Achieved/MOS/Total Service: SPC/E-4/11C1P, Indirect Fire Infantryman/3 years, 7 months and 20 days
d. Prior Service/Characterizations: None
e. Overseas Service/Combat Service: Alaska/SWA/Afghanistan (5 December 2011-10 October 2012).
f. Awards and Decorations: ARCOM, NDSM, ACM-CS, GWOTSM, ASR, OSR-2, NATO MDL, CIB.
g. Performance Ratings: None
h. Disciplinary Action(s)/Evidentiary Record: The applicant received several negative counseling statements for various acts of misconduct.
i. Lost Time: None
j. Diagnosed PTSD/TBI/Behavioral Health: None; additionally the applicants responses to the TBI and PTSD tests were negative.
5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; DD Form 214; self-authored statement (two pages); two character statements; several DA Forms 2823 (Sworn Statement); physical exam checklist; Report of Medical Assessment/medical documents (thirteen pages); applicants OMPF documents (seventeen pages); District Court of the State of Alaska, Third Judicial District at Anchorage documents; and a letter, Chief, Congressional Liaison and Inquiries with associated documents (seventy pages).
6. POST SERVICE ACCOMPLISHMENTS: None submitted by the applicant.
7. REGULATORY CITATION(S): Chapter 14 allows for separation for misconduct with paragraph 14-1 allowing for separating personnel because of minor disciplinary infractions; a pattern of misconduct; commission of serious offense; conviction by civil authorities; desertion; or absence without leave. Paragraph 14-2 states action will be taken to separate a Soldier for misconduct when it is clearly established that despite attempts to rehabilitate or develop him/her as a Soldier further effort is not likely to succeed; rehabilitation is impracticable or the Soldier is not amenable to rehabilitation.
Paragraph 14-12b addresses a pattern of misconduct consisting of either discreditable involvement with civil or military authorities or discreditable conduct and conduct prejudicial to good order and discipline including conduct violating the accepted standards of personal conduct found in the Uniform Code of Military Justice, Army Regulations, the civil law and time-honored customs and traditions of the Army.
8. DISCUSSION OF ISSUE(S): The applicant seeks relief contending, he was diagnosed with PTSD, anxiety and paranoia as a result of his deployment. He desires to receive VA benefits to further his education.
The applicant requests an upgrade of his characterization of service. The applicant had a documented pattern of misconduct including several negative counseling statements for driving his POV after failing an inspection, reporting late for duty, being arrested for making a false official statement, failing to secure military equipment, failing to follow instructions and pending separation for a pattern of misconduct. By the pattern of misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge. Therefore, Pattern of Misconduct is the appropriate reason for his discharge, and a general, under honorable conditions discharge was warranted.
The applicant contends he was diagnosed with PTSD, anxiety and paranoia as a result of his deployment. The service record contains no evidence of a PTSD, anxiety or paranoia and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition.
The applicant desires to receive VA benefits to further his education. Eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.
The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and the applicant was provided full administrative due process.
9. BOARD ACTION DIRECTED:
a. Issue a new DD-214: No
b. Change Characterization to: No Change
c. Change Reason to: No Change
d. SPD/RE Code Change to: No Change
e. Restoration to Grade: NA
Authenticating Official:
COL, US ARMY
Presiding Officer
Army Discharge Review Board
Legend:
AWOL - Absent Without Leave GD - General Discharge NA - Not applicable SCM- Summary Court Martial
BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial
CG - Company Grade Article 15 HD - Honorable Discharge OAD - Ordered to Active Duty UNC - Uncharacterized Discharge
CID - Criminal investigation Department MP Military Police OMPF - Official Military Personnel File UOTHC - Under Other Than
FG - Field Grade IADT Initial Active Duty Training RE - Reentry Honorable Conditions
ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE
AR20140011876
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